Survey of State Homestead Exemptions

CRS Report for Congress
Survey of State
Homestead Exemptions
Updated March 2, 2005
Robin Jeweler
Legislative Attorney
American Law Division
Tara Alexandra Rainson
Law Librarian
Knowledge Services Group


Congressional Research Service ˜ The Library of Congress

Survey of State Homestead Exemptions
Summary
This report surveys the homestead exemption laws of the fifty states and the
District of Columbia with an emphasis on the amount of the various exemptions. It
will not be routinely updated.



Contents
In troduction ......................................................1
Table 1. State Homestead Exemptions.................................1



Survey of State Homestead Exemptions
Introduction
The form and content of a proposed federal homestead exemption has been a
controversial topic in the debate over bankruptcy reform. As Congress takes up the
issue in the 109th Congress, many seek to learn what each state currently allows its
residents as a homestead exemption, and whether state residents may chose between
federal and state exemptions or whether they are limited to those under state law.
Although many publications contain comprehensive state homestead surveys, this one
is undertaken with the goal of being as up to date as possible. State laws were
reviewed on the LEXIS computer database. A notation indicates the currency of the
legislative term included in the review of each state’s laws.
The survey provides a thumbnail sketch of the character and amount of each
state’s homestead provision derived from its statutory language. This will enable the
reader to appreciate the breadth and variety of state-law approaches to these
exemptions. The emphasis, however, is on the amount of the exemption – not upon
conditions for validating it. The survey does not address whether there is or, if so, the
duration of an exemption for proceeds after the sale of a homestead; it also does not
address exemptions established by case law for homesteads held as tenancies by the
entirety. Nor does it consider provisions under the state laws that constitute
exceptions to a homestead exemption.
In some cases, de minimis “wildcard” exemptions for either real or personal
property are noted, but the survey is not comprehensive with respect to them. They
are more likely to be noted when a state has an extremely limited homestead
exemption.
Table 1. State Homestead Exemptions
StateDescription ofApplicability of
Property and AmountFederal Exemptions
Alabama Residential homestead up toFederal exemptions not
Current through 2004 Regular$5,000 (not to exceed 160permitted.
Sessionacres).Code of Ala. § 6-10-11.


Code of Ala. § 6-10-2.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Alaska Principal residence of theFederal exemptions not
Current through all 2004individual or the dependentspermitted.
Sessionsof the individual, not to Alaska Statutes
exceed $54,000. § 9.38.055.
Alaska Statutes
§ 9.38.010.
ArizonandThe persons interest in aFederal exemptions not
Current through the 2ndresidential homesteadpermitted.
Regular and 2 Special Sess.thincluding a condominium,A.R.S. § 33-1133.
of the 46 Legislature (2004)cooperative, or mobile home
not to exceed $150,000.
A.R.S. § 33-1101.
ArkansasRural homestead (outside anyResidents may elect federal or
Current through 2004city, town, or village): notstate exemptions.
more than 160 acres of land,A.R.C. § 16-66-217.


not to exceed in value
$2,500, but in no event shall
the homestead be reduced to
less than 80 acres, without
regard to value.
Urban homestead (in any
city, town, or village): not
more than 1acre of land not
to exceed $2,500 in value,
but in no event shall the
homestead be reduced to less
than 1/4 acre, without regard
to value.
The homestead inures to the
benefit of the minor children,
after the demise of the
parents.
Ark. Const. Art. 9, §§ 4, 5;
A.C.A. § 16-66-210.
Additional exemption in
federal bankruptcy
proceedings: An unmarried
debtor’s aggregate interest,
not exceeding $800 in value,
and married debtors
aggregate interest, not
exceeding $1,250 in value, in
real or personal property that
the debtor or a dependent
uses as a residence.
A.C.A. § 16-66-218.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
CaliforniaThe amount of the homesteadFederal exemptions not
Current through Chapter 1 ofexemption is: permitted.
the 2005 Regular Session Cal. Civil Proc. Code
(1) $50,000 unless the§ 703.130 and § 703.140


judgment debtor or spouse of
the judgment debtor who
resides in the homestead is a
person described in
paragraph (2)
or (3).

(2) $75,000 if the judgment
debtor or spouse of the
judgment debtor who resides
in the homestead is at the
time of the attempted sale of
the homestead a member of a
family unit, and there is at
least one member of the
family unit who owns no
interest in the homestead or
whose only interest in the
homestead is a community
property interest with the
judgment debtor.

(3) $150,000 if the judgment
debtor or spouse of the
judgment debtor who resides
in the homestead is at the
time of the attempted sale of
the homestead any one of the
following:

(A) A person 65 years of
age or older.

(B) A person physically
or mentally disabled and
unable to engage in gainful
employment.

(C) A person 55 years of
age or older with a gross
annual income of not more
than $15,000 or, if the
judgment debtor is married, a
gross annual income,
including the gross annual
income of the judgment
debtor’s spouse, of not more
than $20,000and the sale is
i nvo l unt a r y.
Cal. Code Civ. Proc.
§ 704.730.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
California cont.See also:
Election of exemptions if
bankruptcy petition is filed.
In a case under Title 11, the
debtor’s aggregate interest,
not to exceed $17,425 in
value, in real property that
the debtor or a dependent of
the debtor uses as a
residence.
Cal. Code Civ. Proc.
§ 703.140.
ColoradoA persons homesteadFederal exemptions not
Current through the 2004(including manufacturedpermitted.
Sessionhomes and trailers) notC.R.S. 13-54-107.
exceeding in value the sum
of $45,000.
C.R.S. 38-41-201.
Connecticut A homestead to the value of No statutory prohibition. Use
Current through January 1,$75,000.of federal exemptions
2005Also, any interest in anypermitted.
property not to exceed in
value $1,000.
Conn. Gen. Stat. § 52-352b.
Delaware In any federal bankruptcy orFederal exemptions not
Current through 2004 Regularstate insolvency proceeding,permitted.
Sessiona debtor is authorized to10 Del. C. § 4914.
exempt property having an
aggregate fair market value
of not more than $5,000.
10 Del. C. § 4914.
District of ColumbiaProperty of the head of aNo statutory prohibition. Use
Current through the D.C.family or householderof federal exemptions
Register, Nov. 29, 2004 residing in the District ofColumbia includes thepermitted.
debtor’s aggregate interest in
real property or a cooperative
used as the residence of the
debtor. D.C. Code § 15-
501(a)(14).
Florida A homestead, if locatedWith the exception of 11
Current through the 2004outside a municipality, to theU.S.C. § 522(d)(10), federal
Legislative Sessionextent of 160 acres ofexemptions not permitted.
contiguous land andFla. Stat. §§ 222.20, 222.201.


improvements thereon, or if
located within a municipality,
to the extent of ½ acre of
contiguous land.
Fla. Const., Art. X § 4
(2004).

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Georgia The debtor's aggregateFederal exemptions not
Current through the 2004interest, not to exceedpermitted.
General Assembly$10,000 in value, in real O.C.G.A. § 44-13-100.
property or personal property
that the debtor or a
dependent of the debtor uses
as a residence.
O.C.G.A. §§ 44-13-1, 44-13-
100.
Hawaii An interest in one parcel ofNo statutory prohibition. Use
Current through the 2003 2ndreal property of a fair marketvalue not exceeding $30,000of federal exemptionspermitted.
Special Sessionowned by one who is either
the head of a family or an
individual sixty-five years of
age or older; an interest in
one parcel of real property of
value not exceeding $20,000
owned by others.
HRS § 651-92.
IdahoHomestead means a dwellingFederal exemptions not
Current through the 2004house or mobile home not topermitted.
Sessionexceed the lesser of (i) theIdaho Code § 11-609.
total net value of the land and
improvements or (ii)
$50,000.
Idaho Code § 55-1003.
Illinois Every individual is entitled toFederal exemptions not
Current through Public Act 93-a homestead to the extent inpermitted.
1080 of the 2004 Regularvalue of $7,500 of his or her735 ILCS 5/12-1201.


Sessioninterest in a farm or lot ofland and buildings thereon, a
condominium, or personal
property, owned or rightly
possessed by lease or
otherwise and occupied by
him or her as a residence, or
in a cooperative that owns
property that the individual
uses as a residence.
735 ILCS 5/12-901.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Indiana Real estate or personalFederal exemptions not
Current through 2004 Regularproperty constituting thepermitted.
Sessionpersonal or family residenceBurns Ind. Code Ann.
of the debtor, or a dependent§ 34-55-10-1.
of the debtor, of not more
than $7,500. The exemption
is individually available to
joint debtors concerning
property held by them as
tenants by the entireties.
Other real estate or tangible
personal property $4,000.
Burns Ind. Code Ann.
§ 34-55-10-2.
Iowa If within a city plat, it mustFederal exemptions not
Current through laws effectivenot exceed ½ acre in extent,permitted.
July 1, 2004otherwise it must not containIowa Code § 627.10.
in the aggregate more than
40 acres, but if, in either
case, its value is less than
$500, it may be enlarged
until it reaches that amount.
Iowa Code § 561.2 (2001).
Kansas A homestead to the extent ofWith the exception of 11
Current through the 2003160 acres of farming land, orof one acre within the limitsU.S.C. § 522(d)(10), federalexemptions not permitted.
Regular Sessionof an incorporated town orK.S.A. § 60-2312.
city, or a manufactured home
or mobile home, occupied as
a residence together with all
the improvements on the
sa me .
K.S.A. § 60-2301.
Kentucky stAn individual debtor'sFederal exemptions not
Current through the 2004 1aggregate interest, not topermitted.
Extraordinary Sessionexceed $5,000 in value, inK.R.S. § 427.170.


real or personal property that
such debtor or a dependent
of such debtor uses as a
permanent residence.
K.R.S. § 427.060.
Every debtor shall have a
general exemption not to
exceed $1,000 in value to be
applied toward any property,
real or personal, tangible or
intangible in his estate when
he has filed for bankruptcy
under the provisions of The
Bankruptcy Code of 1978.
K.R.S. § 427.160

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Louisiana The legislature is to provideFederal exemptions not
Current through the 2004by law for exemptions frompermitted.
Sessionseizure and sale, as well asLa. R.S. 13:3881.


waivers of and exclusions
from such exemptions. The
exemption shall extend to at
least $15,000 in value of a
homestead, as provided by
law.
La. Const. Art. XII, § 9.

Homestead consists of a
residence and the land on
which the residence is
located, including any
building and appurtenances
located thereon, and any
contiguous tracts up to a total
of 5 acres if the residence is
within a municipality, or up
to a total of 200 acres if the
residence is not located in a
municipality.
Exemption extends to
$25,000 in value of the
homestead, except in the case
of obligations arising directly
as a result of a catastrophic
or terminal illness or injury,
in which case the exemption
applies to the full value of
the homestead based upon its
value one year before. The
exemption provided extends
to the surviving spouse or
minor children of a deceased
owner and when the
homestead is occupied as
such.
La. R.S. 20:1.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Maine Except as providedFederal exemptions not
Current through the 2004otherwise, the debtor'spermitted.
Second Sessionaggregate interest, not to14 M.R.S. § 4426.


exceed $25,000 in value, in
real or personal property that
the debtor or a dependent of
the debtor uses as a
residence, provided that if
minor dependents of the
debtor have their principal
place of residence with the
debtor, the debtor's aggregate
interest may not exceed
$70,000 and provided further
that if the debtor's interest is
held jointly with any other
person or persons, the
exemption may not exceed in
value the lesser of $35,000 or
the product of the debtor's
fractional share times
$70,000.

The debtor's aggregate
interest, not to exceed
$70,000 in value, in property
described above, if the
debtor or a dependent of the
debtor is either a person 60
years of age or older or a
person physically or
mentally disabled and
because of such disability is
unable to engage in
substantial gainful
employment and whose
disability has lasted or can be
expected to last for at least
12 months or can be
expected to result in death;
provided that if the debtor's
interest is held jointly with
any other person or persons,
the exemption shall not
exceed in value the lesser of
$70,000 or the product of the
fractional share of the
debtor's interest times
$140,000.
14 M.R.S. § 4422.


StateDescription ofApplicability of
Property and AmountFederal Exemptions
Maryland Cash or property of any kindFederal exemptions not
Current through the 2004 Firstequivalent in value to $6,000permitted.
Special Sessionis exempt. Md. Courts and Judicial
Proceedings Code Ann. §
In addition, in any11-504.
proceeding under Title 11 of
the United States Code, an
individual debtor may
exempt the debtor's
aggregate interest, not to
exceed $5,000 in value, in
real property or personal
property.
Md. Courts and Judicial
Proceedings Code Ann. §
11-504.
MassachusettsAn estate of homestead to theNo statutory prohibition. Use
Current through Ch. 4, 2005extent of $500,000 in landof federal exemptions
First Annual Sessionand buildings may bepermitted.


acquired by an owner or
owners of a home or one or
all who rightfully possess the
premise by lease or otherwise
and who occupy or intend to
occupy said home as a
principal residence.
Mass. Ann. Laws ch. 188,
§ 1.
The real property or
manufactured home of
persons sixty-two years of
age or older, regardless of
marital status, or of a
disabled person, as defined,
shall be protected against
attachment, seizure or
execution of judgment to the
extent of $ 500,000.
Mass. Ann. Laws ch. 188,
§ 1A

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Michigan A homestead not exceedingNo statutory prohibition. Use
Current through the 200440 acres of land and theof federal exemptions
Legislationdwelling house andpermitted.


appurtenances, and not
included in any recorded
plat, city, or village, or,
instead, a quantity of land not
exceeding in amount 1 lot,
being within a recorded town
plat, city, or village, and the
dwelling house and
appurtenances on that land,
owned and occupied by any
resident of this state, not
exceeding in value $3,500.
If the owner of a homestead
dies, leaving a surviving
spouse but no children, the
homestead shall be exempt,
and the rents and profits of
the homestead shall accrue to
the benefit of the surviving
spouse before his or her
remarriage, unless the
surviving spouse is the owner
of a homestead in his or her
own right.
MCLS § 600.6023.
Laws on the exemption of
homestead property from
levy and execution are
applicable to condominium
units occupied as
homesteads.
MCLS § 559.214.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Minnesota The homestead may includeExcept as provided, the
Current through 2005 Regularany quantity of land notexemptions set forth in 11
Session Ch. 1exceeding 160 acres and notU.S.C. § 522(d) are available.
included in any city. If the
homestead is in a city, itsJoint petition. When a
area must not exceed ½ acre.husband and wife are joined
The value of the homesteadin a petition for bankruptcy,
exemption, whether thethey may jointly elect to
exemption is claimed jointlyutilize either the applicable
or individually, may notexemption provisions
exceed $200,000 or, if thepursuant to Minnesota law or
homestead is used primarilypursuant to subsection (d) of
for agricultural purposes, section 522 of the Bankruptcy
$500,000.Act, United States Code, title
Minn. Stat. § 510.02.11, section 522(d), but not
both.
Individual petition. When a
petition for bankruptcy is
filed individually, and not
jointly, for a husband or a
wife, (a) one spouse shall not
claim any exemption
pursuant to Minnesota law for
a period of three years from
the date of filing if the other
spouse has claimed any
exemption under subsection
(d) of section 522 of the
Bankruptcy Act, United States
Code, title 11, section 522(d);
and (b) one spouse shall not
claim any exemption pursuant
to subsection (d) of section
522 of the Bankruptcy Act,
United States Code, title 11,
section 522(d), for a period of
three years from the date of
filing if the other spouse has
claimed any exemption
pursuant to Minnesota law.
Minn. Stat. § 550.371.
Mississippi State householders areFederal exemptions not
Current through the 2004entitled to hold exempt frompermitted.
Regular Legislative Session seizure or sale, the land and Miss. Code Ann. § 85-3-2.


buildings owned and
occupied as a residence by
him, or her, but the quantity
of land shall not exceed 160
acres, nor the value thereof,
inclusive of improvements,
the sum of $75,000.
Miss. Code Ann. § 85-3-21.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Missouri The homestead of everyFederal exemptions not
Current through all the 2004person, consisting of apermitted.
Legislationdwelling house and § 513.427 R.S.Mo.
appurtenances, and the land
used in connection therewith,
not exceeding the value of
$15,000, shall, together with
the rents, issues and products
thereof, be exempt.
§ 513.475 R.S.Mo.
Montana A homestead may not exceedFederal exemptions not
Current through the 2003in value $ 100,000. Mont. Code Ann. permitted.Mont. Code Ann.
Regular Session§ 70-32-104.§ 31-2-106.
Nebraska A homestead not exceedingFederal exemptions not
Current through all 2004$12,500 in value shall consistpermitted.
Legislationof the dwelling house in R.R.S. Neb. § 25-15,105.


which the claimant resides,
its appurtenances, and the
land on which the same is
situated, not exceeding 160
acres of land, to be selected
by the owner, and not in any
incorporated city or village,
or, a quantity of contiguous
land not exceeding 2 lots
within any incorporated city
or village, and shall be
exempt.
R.R.S. Neb. § 40-101.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Nevada A homestead as provided byFederal exemptions not
Current through the 2004stlaw, shall be exempt frompermitted.
Special 1 Session forced sale under any processNev. Rev. Stat. Ann. §
of law, and shall not be21.090.
alienated without the joint
consent of husband and wife
when that relation exists;
Nev. Const. art. 4, § 30.
The exemption extends only
to that amount of equity in
the property held by the
claimant that does not exceed
$200,000 in value.
Nev. Rev. Stat. Ann. §
115.010.
The dwelling of the judgment
debtor occupied as a home
for himself and family,
where the amount of equity
held by the judgment debtor
in the home does not exceed
$200,000 in value and the
dwelling is situate upon lands
not owned by him.
Nev. Rev. Stat. Ann.
§ 21.090.
New Hampshire Every person is entitled toNo statutory prohibition. Use
Current through the 2004$100,000 worth of his or herof federal exemptions
Regular Sessionhomestead, or of his or herinterest therein, as apermitted.
homestead. The homestead
right shall exist in
manufactured housing. RSA
480:1.
New JerseyNo specific homesteadNo statutory prohibition. Use
Current through New Jerseyexemptionof federal exemptionspermitted.
Laws 2004
New Mexico Each person shall haveNo statutory prohibition. Use
Current through 2004exempt a homestead in aof federal exemptions
dwelling house and land permitted.


occupied by him. Such a
person has a homestead of
$30,000 exempt from
attachment, execution or
foreclosure by a judgment
creditor and from any
proceeding of receivers or
trustees in insolvency
proceedings.
N.M. Stat. Ann. § 42-10-9.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
New York Property of one of theFederal exemptions not
Current through 2004following types, not permitted.
exceeding $10,000 in value,NY CLS Dr & Cr § 284.
owned and occupied as a
principal residence, is
exempt from application to
the satisfaction of a money
judgment:
1. a lot of land with a
dwelling thereon,
2. shares of stock in a
cooperative apartment
corporatio n,
3. units of a condominium
apartment, or
4. a mobile home.
NY CLS CPLR § 5206.
North CarolinaThe debtor's aggregateFederal exemptions not
Current through 2004interest, not to exceedpermitted.
$10,000 in value, in real N.C. Gen. Stat. § 1C-1601.
property or personal property
that the debtor or a
dependent of the debtor uses
as a residence, or in a
cooperative that owns
property that the debtor or a
dependent of the debtor uses
as a residence.
N.C. Gen. Stat. § 1C-1601.
North Dakota The homestead of anyFederal exemptions not
Current through the 2003person, whether married orpermitted.
Sessionunmarried, shall consist ofN.D. Cent. Code, § 28-22-17.
the land upon which the
claimant resides, and the
dwelling house on that land
in which the homestead
claimant resides, the total not
to exceed $80,000 in value,
over and above liens or
encumbrances or both.
N.D. Cent. Code, §
47-18-01.
OhioA person's interest, not toexceed $5,000 in one parcelFederal exemptions not permitted.
Current through Jan. 1, 2005
or item of real or personalO.R.C. Ann. 2329.662.


property that the person or a
dependent of the person uses
as a residence.
O.R.C. Ann. 2329.66.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
OklahomaThe homestead of anyFederal exemptions not
Current through the 2004person, not within any city orpermitted.
Sessiontown, shall consist of not31 Okl. St. § 1.


more than 160 acres of land,
which may be in one or more
parcels, to be selected by the
owner.
The homestead of any person
within any city or town,
owned and occupied as a
residence only, or used for
both residential and business
purposes, shall consist of not
exceeding 1acre of land. At
least 75% of the total square
foot area of the
improvements for which a
homestead exemption is
claimed must be used as the
principal residence in order
to qualify for the exemption.
If more than 25% of the total
square foot area of the
improvements for which a
homestead exemption is
claimed is used for business
purposes, the homestead
exemption amount shall not
exceed $5,000.
31 Okl. St. § 2.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
OregonA homestead shall be exemptFederal exemptions not
Current through 2003from sale on execution, frompermitted.
Legislationthe lien of every judgmentO.R.S. § 18.300.
and from liability in any form
for the debts of the owner to
the amount in value of
$25,000, except as otherwise
provided by law. When two
or more members of a
household are debtors whose
interests in the homestead are
subject to sale on execution,
the lien of a judgment or
liability in any form, their
combined exemptions under
this section shall not exceed
$33,000.
O.R.S. § 18.395.
The homestead mentioned in
ORS 23.240 shall consist,
when not located in any
town or city laid off into
blocks and lots, of any
quantity of land not
exceeding 160 acres, and
when located in any such
town or city, of any quantity
of land not exceeding one
block. However, a homestead
under this section shall not
exceed in value the sum of
$25,000 or $33,000,
whichever amount is
applicable under O.R.S.
23.240.
O.R.S. § 18.402.
PennsylvaniaNo specific homesteadNo statutory prohibition. Use
Current through 2004provision. of federal exemptions
p e r mitted .


In addition to any other
property specifically
exempted, property of the
judgment debtor (including
bank notes, money,
securities, real property,
judgments or other
indebtedness due the
judgment debtor) to the value
of $ 300 shall be exempt
from attachment or execution
on a judgment.
42 Pa. C.S. § 8123.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Rhode IslandHomestead estate exemptionNo statutory prohibition. Use
Current through January 2004– an estate of homestead toof federal exemptions
the extent of $200,000 in thepermitted.
land and buildings may be
acquired pursuant to this
section by an owner or
owners of a home or one or
all who rightfully possess
the premise by lease or
otherwise, and who occupy
or intend to occupy said
home as a principal
residence.
R.I. Gen. Laws § 9-26-4.1.
South CarolinaThe debtor's aggregateFederal exemptions not
Current Through the 2004interest, not to exceed $5,000permitted.
Regular Sessionin value, in real property orS.C. Code Ann. § 15-41-35.


personal property that the
debtor or a dependent of the
debtor uses as a residence, in
a cooperative that owns
property that the debtor or a
dependent of the debtor uses
as a residence, except that
the aggregate value of
multiple homestead
exemptions allowable with
respect to a single living unit
may not exceed $10,000. If
there are multiple owners of
such a living unit exempt as a
homestead, the value of the
exemption of each individual
owner may not exceed his
fractional portion of $10,000.
S.C. Code Ann. § 15-41-30.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
South DakotaThe homestead of everyFederal exemptions not
Current through the 2004family, so long as itpermitted.
Sessioncontinues to possess theS.D. Codified Laws §§
character of a homestead is43-31-30, 43-45-13.


exempt from judicial sale,
from judgment lien, and from
all mesne or final process
from any court, to the extent
and as provided in this code.
S.D. Codified Laws §
43-31-1.
If within a town, the
homestead must not exceed 1
acre in extent, and if not
within a town, it must not
embrace in the aggregate
more than 160 acres. If the
homestead is claimed upon
any land, the title or right of
possession to which was
acquired or claimed under
the laws of the United States
relating to mineral lands,
then the area of the
homestead, if within a town
plat, shall not exceed one
acre, and if without a town
plat it must not exceed 40
acres.
S.D. Codified Laws
§ 43-31-4.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
TennesseeAn individual, whether aFederal exemptions not
Current through the 2004head of family or not, shallpermitted.
Session of the 103rd Generalbe entitled to a homesteadTenn. Code Ann. § 26-2-112.


Assemblyexemption upon real property
which is owned by the
individual and used by the
individual or the individual's
spouse or dependent, as a
principal place of residence.
The aggregate value of such
homestead exemption shall
not exceed $5,000; provided,
individuals who jointly own
and use real property as their
principal place of residence
shall be entitled to homestead
exemptions, the aggregate
value of which exemptions
combined shall not exceed
$7,500, which shall be
divided equally among them
in the event the homestead
exemptions are claimed in
the same proceeding;
provided, if only one (1) of
the joint owners of real
property used as their
principal place of residence
is involved in the proceeding
wherein homestead
exemption is claimed, then
the individual's homestead
exemption shall be $5,000.
Tenn. Code Ann. § 26-2-301.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Texas The homestead, not in a townNo statutory prohibition. Use
Current through the 2004or city, shall consist of notof federal exemptions
Sessionmore than 200 acres of land,permitted.
which may be in one or more
parcels, with the
improvements thereon; the
homestead in a city, town or
village, shall consist of a lot
or contiguous lots amounting
to not more than 10 acres of
land, together with any
improvements on the land;
provided, that the homestead
in a city, town or village shall
be used for the purposes of a
home, or as both an urban
home and a place to exercise
a calling or business, of the
homestead claimant, whether
a single adult person, or the
head of a family.
Tex. Const. Art. XVI § 51.
See also Tex. Prop. Code
§ 41.001 (2004) entitled
Interests in Land Exempt
from Seizure” describing
encumbrances that may be
properly fixed on homestead
property.
UtahthAn individual is entitled to aFederal exemptions not
Current through the 2004 4homestead exemptionconsisting of property in anpermitted. Utah Code Ann. § 78-23-15.


Special Sessionamount not exceeding:
(i)if the property is not the
primary personal residence
of the individual, $5,000 or
$10,000 if owned jointly and
(ii) if it is the primary
personal residence, $20,000
in value or $40,000 if owned
jointly.
Primary personal residence"
means a dwelling or mobile
home and the land
surrounding it, not exceeding
one acre.
Utah Code Ann. § 78-23-3.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
Vermont The homestead consisting ofNo statutory prohibition. Use
Current through June 4, 2004a dwelling house,of federal exemptions
outbuildings and the landpermitted.
used in connection therewith,
not exceeding $75,000 in
value, and owned and used or
kept as a homestead shall be
exempt from attachment and
execution.
27 V.S.A. § 101.
VirginiaEvery householder shall beFederal exemptions not
Current through 2004 Specialentitled to hold exempt realand personal property, orpermitted. Va. Code Ann. § 34-3.1.
Session IIeither, to be selected by the
householder, not exceeding
$5,000 in value. In addition,
if a householder supports
dependents, the householder
shall be entitled to hold
exempt property not
exceeding $500 in value for
each dependent.
Va. Code Ann. § 34-4.
A veteran with a service-
connected disability of 40%
or more is entitled to an
additional exemption of
$2000 in real or personal
property. Va. Code. Ann.
§34-4.1.
WashingtonA homestead may consist ofNo statutory prohibition. Use
Current through Chapter 2 oflands, regardless of area, butof federal exemptions
the 2005 Regular Session the homestead exemptionpermitted.


amount shall not exceed the
lesser of (1) the total net
value of the lands, mobile
home, improvements, and
other personal property or (2)
the sum of $40,000 in the
case of lands, mobile home,
and improvements.
Rev. Code Wash. (ARCW)
§ 6.13.030.

StateDescription ofApplicability of
Property and AmountFederal Exemptions
West VirginiaAny husband, wife, parent orFederal exemptions not
Current through the 2004other head of a householdpermitted.
Third Extraordinary Session ofshall by operation of lawW. Va. Code § 38-10-4.
the Legislaturehave a homestead exemption
to the value of $5,000
subject to the provisions of
section 48, article VI of the
Constitution of this State.
W. Va. Code § 38-9-1.
WisconsinAn exempt homesteadNo statutory prohibition. Use
Current through 2003 Act 27selected by a resident owner of federal exemptions
and occupied by him or herpermitted.
shall be exempt from
liability for the debts of the
owner to the amount of
$40,000.
Wis. Stat. § 815.20
WyomingEvery resident of the state isFederal exemptions not
Current through 2004 Specialentitled to a homestead notexceeding $10,000.00 inpermitted. Wyo. Stat. § 1-20-109.


Session value.
Wyo. Stat. § 1-20-101.